The defendant was charged with Over 80 and Careless Driving. Partway through the trial on the criminal charge, the prosecutor and I had discussions about a resolution of the matter based on the evidence that had been tendered that far in the trial. The prosecutor had justifiable concerns that she would not be able to […]
Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes
Tom M. – DUI charges & all other criminal charges withdrawn
The defendant was charged with Impaired, Over and Assault Police. The prosecutor agreed that there was a risk that the Crown would not be able to prove the identity of the defendant as the driver. As a result, the prosecutor and I agreed on a resolution whereby all three criminal charges were withdrawn and instead […]
Kelly A. – DUI charges withdrawn
The defendant was charged with Impaired and Over 80. I served a motion on the Crown in advance of the trial which included an argument that her constitutional right to be free from unreasonable search and seizure had been infringed in this case. I was able to persuade the prosecutor that my argument had a […]
Amanda G. – DUI charge withdrawn
The defendant was charged with Over 80. I served a constitutional argument on the prosecution well in advance of the trial. The prosecutor contacted me and conceded that there were arguable points to be made for the defence. As a result, an agreement was reached whereby the defendant was allowed to plead guilty to Careless […]
Francois J. – DUI charges and all other charges defeated at trial
The defendant was charged with Impaired Driving, Over 80 and Public Mischief. All charges were dismissed after trial. the trial judge ruled that the breathalzyer readings ought to be excluded from evidence based on several infringements of the defendant’s constitutional rights including his right to counsel and his right to be free from unreasonable search […]
Bonnie M. – All charges withdrawn
The defendant was charged with Impaired Driving, Refuse to Provide a Breath Sample and Driving while Disqualified. The Crown could not proceed to trial as the witnesses that were required to prove the charges did not attend court. All charges were withdrawn.
Glen H. – DUI charges withdrawn
The defendant was charged with Over 80. The Crown could not proceed with the trial as the witnesses required to prove the case did not attend court. The charge was withdrawn.
Andrew L. – DUI charges dismissed after trial
The defendant was charged with Impaired Driving and Over 80. A Crown witness testified that our client lost control of his car and collided with a stationary object, causing thousands of dollars of damage to property. At the conclusion of the Crown’s case, and following cross-examination of the police witnesses, the Crown chose to withdraw […]
A.C. – DUI charge negotiated down to a traffic ticket
The defendant was charged with Over 80. Negotiations on the day of trial resulted in the Crown withdrawing the criminal charge and in exchange the defendant plead guilty to careless driving under the Highway Traffic Act. In the result the client was able to retain their driver’s license and avoid a criminal record.
Bryce B. – DUI charges dismissed after trial
The defendant was charged with Impaired Driving and Over 80. Both charges were dismissed after a trial. The trial judge agreed with my argument that the prosecutor had not led sufficient evidence to prove beyond a reasonable doubt that the defendant’s ability to operate his motor vehicle was impaired. On this basis the trial judge […]
